Terms And Conditions - Sunny Realty

SunnyRealty.com - collectively and individually known as Sunny Realty, further referenced as “Sunny Realty Site”. By accessing or using SunnyRealty.com, you agree to be bound by all the terms and conditions below. Sunny Realty Of South Florida, Inc d/b/a Sunny Realty and/or any other related or affiliated entities and individuals providing any information and/or services for Sunny Realty Site, using, upon your acceptance, acknowledgement and agreement, without modification or reservations, to the terms, conditions and notices contained herein. Your use of Sunny Realty Site constitutes your agreement to all such terms, conditions and notices. The information and services offered on this Sunny Realty Site are provided with the understanding that Sunny Realty is in no way engaged to render legal or other professional services or advice. Your use of the Sunny Realty Site is subject to the additional disclaimers and caveats that may appear throughout the Sunny Realty Site. Sunny Realty assumes no responsibility for any consequences relating directly or indirectly to any action or inaction that you take based on the information, services or other materials on this Sunny Realty Site. While Sunny Realty’s strives to keep the information on this Sunny Realty Site accurate, complete and up-to-date, Sunny Realty cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

The data on this Sunny Realty Site come in part from a cooperative data exchange program of the multiple listing service (MLS) in which Sunny Realty participates. The properties displayed may not be all of the properties in the MLS's database, or all of the properties listed with Brokers participating in the cooperative data exchange program. Information provided is thought to be reliable but is not guaranteed to be accurate; you are advised to verify facts that are important to you. No warranties, expressed or implied, are provided for the data herein, or for their use or interpretation by the user. The Florida Association of Realtors and its cooperating MLS do not create, control or review the property data displayed herein and take no responsibility for the content of such records. Federal law prohibits discrimination on the basis of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or financing of housing.

PERSONAL AND LIMITED COMMERCIAL USE LIMITATIONS

You may access, download and print materials on this Sunny Realty Site for your personal and limited commercial use. You may not modify, display, perform, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Sunny Realty Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by Sunny Realty, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Sunny Realty, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Sunny Realty Site. Unauthorized individuals attempting to access prohibited areas of this Sunny Realty Site may be subject to prosecution.

PROPRIETARY RIGHTS

All materials on this Sunny Realty Site (as well as the organization and layout of the Sunny Realty Site) are owned and copyrighted by Sunny Realty and/or its related and affiliated companies, and all rights are reserved. No reproduction, distribution or transmission of the copyrighted materials at this Sunny Realty Site is permitted without the written permission of Sunny Realty and/or its related and affiliated companies.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Sunny Realty Site, you warrant to Sunny Realty that you will not use this Sunny Realty Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, your permission to use the Sunny Realty Site automatically terminates.

LIABILITY DISCLAIMER

You use this Sunny Realty Site at your own risk. If your use of this Sunny Realty Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, Sunny Realty is not responsible for those costs. The information, software, products, and services published on this Sunny Realty Site may include inaccuracies or typographical errors. Changes are periodically added to the information contained herein. Sunny Realty may make improvements and/or changes to this Sunny Realty Site at any time without notice.

All information, products, and services are provided “as is” without warranty of any kind. In no event shall Sunny Realty be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of this Sunny Realty Site or with the delay or inability to use this Sunny Realty Site, or for any information, products and services obtained through this Sunny Realty Site, or otherwise arising out of the use of this Sunny Realty Site, whether based on contract, tort, strict liability or otherwise, even if Sunny Realty has been advised of the possibility of damages.

You agree to indemnify, defend and hold harmless Sunny Realty from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this agreement.

LINKS TO THIRD-PARTY SITES

This Sunny Realty Site may contain hyperlinks to websites operated by parties other than Sunny Realty. Such hyperlinks are provided for your reference only. Sunny Realty does not control such websites, and is not responsible for their contents. Sunny Realty inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Furthermore, because Sunny Realty privacy policy is applicable only when you are on the Sunny Realty Site, once linked to another web site, you must read Sunny Realty’s privacy policy before disclosing any personal information.

TERMINATING THE SUNNY REALTY SITE

Sunny Realty retains the right at any time to discontinue, modify or temporarily or permanently terminate the Sunny Realty Site with or without notifying you. If Sunny Realty discontinues, modifies or terminates the Sunny Realty Site in whole or in part, Sunny Realty will not be liable to you or any third party for such discontinuance, modification or termination.

CHANGES TO SUNNY REALTY SITE

Sunny Realty may make improvements or changes to the information, services, products and other materials on this Sunny Realty Site, or terminate this Sunny Realty Site, at any time without notice. Sunny Realty may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this Sunny Realty Site shall be deemed your acceptance of the modified agreement.

VIRUSES; DESTRUCTION OF THE SUNNY REALTY SITE

You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs intended to or which does interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including Sunny Realty systems. You also agree not to interfere with the servers or networks connected to the Sunny Realty Site or to disobey any requirements, procedures, policies or regulations of networks connected to the Sunny Realty Site. Any attempt by a user to deliberately damage the Sunny Realty Site or to undermine the operation of any aspect or component of the Sunny Realty Site constitutes a violation of criminal and civil laws.

COMMUNICATIONS ON THE SUNNY REALTY SITE

Although Sunny Realty may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like which may appear from time to time on the Sunny Realty Site, Sunny Realty is under no obligation to do so and assumes no responsibility or liability arising from the content of any such communications nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such communications on the Sunny Realty Site. You are prohibited from posting or transmitting any inaccurate, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Sunny Realty will fully cooperate with any law enforcement authorities or court order requesting or directing them to disclose the identity of anyone posting any such information or materials.

TRADEMARKS

All of the trademarks, logos and service marks (collectively referred to as the “Trademarks”) displayed on the Sunny Realty Site are registered or unregistered trademarks of Sunny Realty or of third parties who have authorized their use by Sunny Realty. Nothing contained on the Sunny Realty Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any of the Trademarks displayed on the Sunny Realty Site without the written permission of Sunny Realty or the owner of the Trademarks. Your misuse of the Trademarks or any other content displayed on the Sunny Realty Site, except as provided for in these Terms of Use, is strictly prohibited and may be subject to prosecution.

INTELLECTUAL PROPERTY DISCLAIMERS

Sunny Realty in no way intends to violate or infringe upon any intellectual property rights of any third parties. If you believe that your intellectual property rights have been violated by Sunny Realty or by a third party who has uploaded content on the Sunny Realty Site, please provide the following information to Sunny Realty copyright agent listed below:

a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Sunny Realty Site;
c. An address, a telephone number, and an e-mail address where Sunny Realty can contact you and, if different, an e-mail address where the alleged infringing party, if not Sunny Realty, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
f. Your electronic or physical signature.

Sunny Realty may request additional information before removing any infringing material and may also provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.

Sunny Realty has registered a designated agent with the United States Copyright Office pursuant to 17 U.S.C. 512(c). If you believe your copyrighted material is being used on this Sunny Realty Site without permission, please notify the designated agent at:

Leon Bell, President
Sunny Realty Of South Florida, Inc d/b/a Sunny Realty
17555 Collins Ave, Suite 1804
Sunny Isles Beach, Florida 33160
T: 305.998.9922
E: info@sunnyrealty.com

MISCELLANEOUS

This agreement and the resolution of any dispute related to this agreement or the Sunny Realty Site shall be governed by and construed in accordance with the laws of State of Florida and the United States, without giving effect to any principles of conflicts of law. Sunny Realty failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. The exclusive venue for any legal action or proceeding between Sunny Realty and you related to this agreement shall be brought exclusively in the state or federal courts of competent jurisdiction in Miami-Dade County, Florida.

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